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Texting while Driving is more Dangerous than driving at a .08 BAC

Texting while driving has been illegal since July, 1, 2011 and is now one of the most dangerous things to do while driving, even more dangerous than drunk driving. Although no research has been published on this point yet, I am sure the data will substantiate my claims.

The purpose of this legislation is to compliment existing laws in the State of California and save lives. Governor Schwarzenegger after signing this bill stated that banning electronic text messaging while driving will keep drivers' hands on the wheel and their eyes on the road, "making roadways a safer place for all Californians."

According to state traffic safety office survey reports, the roadway perils on account of cell phone use and texting by drivers overtook accidents in 2010 on account of speeding and aggressive driving. In mid-September 2010, California Highway Police, ("CHP") is reported to have issued about 283,000 tickets for use of handheld cell phones and a total of 3,742 text messaging tickets.

As a step towards safe and responsible driving, the State uniformly bans all categories of motorists from using an electronic wireless communications device to write, send, or read a text-based communication while driving. This statutory prohibition further stringently precludes specified category of drivers, like bus drivers and novice drivers, from cell phoning either using handheld or hands-free cell phones while driving. The statue however, grants concessions to ordinary drivers in as much as they are allowed to use hands-free devices like speaker phone, wired headset, blue tooth wireless device and similar devices in lieu of handsets while driving a motor vehicle.

The ban stipulates that an infraction of this cell phone-texting legislation will be punishable with fine, $ 20 for the first offence and $ 50 dollars for each subsequent offence.

The pending 2011-2012 cell phone-texting legislations seek to hike fines for using handheld cell phones or text messaging while driving to $50 (first offense) and $100. California Senate Bill 1475 if passed into law this year would also be applicable to bicyclists as well.

If you or someone you know has been injured in an accident due to the other person either texting and driving or talking on their cell phone without a hands-free device, contact Orange County Personal Injury Attorney Scott D. Hughes.

Scott Hughes is a personal injury attorney in Newport Beach, CA practicing in State and Federal Court.

Categories: Personal Injury
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